Bill Text: CA SB133 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Natural resources: Cache Creek Resource Management Plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 145, Statutes of 2011. [SB133 Detail]

Download: California-2011-SB133-Introduced.html

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BILL NUMBER: SB 133	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        JANUARY 27, 2011

   An act to amend Section 2715.5 of the Public Resources Code,
relating to natural resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 133, as introduced, Wolk. Natural resources: Cache Creek
Resource Management Plan.
   (1) The Surface Mining and Reclamation Act of 1975, governs
surface mining operations and reclamation of mined lands, and
provides, among other things, for the submission of reclamation plans
to, and issuance of permits by, lead agencies to persons engaging in
surface mining operations. Until December 31, 2012, a site specific
plan in conjunction and consistent with the Cache Creek Resource
Management Plan is to be considered a functional equivalent of a
reclamation plan for purposes of the act. The board of supervisors of
the county in which the Cache Creek Resource Management Plan is to
be implemented is required, until December 31, 2012, to prepare and
forward to the Director of Conservation annually a report containing
specified information relating to mining operations. Existing law
provides that these provisions shall not become operative until the
date the State Mining and Geology Board notifies the Secretary of
State that the board has approved an ordinance adopted by the Board
of Supervisors for the County of Yolo that governs in-channel
noncommercial extraction activities carried out pursuant to the plan.

   This bill would delete the requirement regarding the operative
date. The bill would extend these provisions until December 31, 2026.
By extending the duties of the board of supervisors of the county in
which the Cache Creek Resource Management Plan is to be implemented,
the bill would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2715.5 of the Public Resources Code is amended
to read:
   2715.5.  (a) The Cache Creek Resource Management Plan, in
conjunction with a site specific plan deemed consistent by the lead
agency with the Cache Creek Resource Management Plan, until December
31,  2012   2026  , shall be considered to
be a functional equivalent of a reclamation plan for the purposes of
this chapter. No other reclamation plan shall be required to be
reviewed and approved for any excavation project subject to the Cache
Creek Resource Management Plan that is conducted in conformance with
an approved site specific plan that is consistent with the Cache
Creek Resource Management Plan, and the standards specified in that
plan governing erosion control, channel stabilization, habitat
restoration, flood control, or infrastructure maintenance, if that
plan is reviewed and approved by a lead agency pursuant to this
chapter.
   (b) For purposes of this section, the board of supervisors of the
county in which the Cache Creek Resource Management Plan is to be
implemented shall prepare and file the annual report required to be
prepared pursuant to Section 2207.
   (c) Nothing in this section precludes an enforcement action by the
board or the department brought pursuant to this chapter or Section
2207 if the lead agency or the director determines that a surface
mining operator, acting under the authority of the Cache Creek
Resource Management Plan, is not in compliance with the requirements
of this chapter or Section 2207.
   (d) "Site specific plan," for the purposes of this section, means
an individual project plan approved by the lead agency that is
consistent with the Cache Creek Resource Management Plan. Site
specific plans prepared in conformance with the Cache Creek Resource
Management Plan shall, at a minimum, include the information required
pursuant to subdivision (c) of Section 2772, shall comply with the
requirements of Article 9 (commencing with Section 3700) of
Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California
Code of Regulations, and shall be provided along with a financial
assurance estimate to the department for review and comment pursuant
to Section 2774. Notwithstanding the number of days authorized by
paragraph (1) of subdivision (d) of Section 2774, the department
shall review the site specific plan and the financial assurance
estimate and prepare any written comments within 15 days from the
date of receipt of the plan and the estimate.
   (e) Prior to engaging in an excavation activity in conformance
with the Cache Creek Resource Management Plan, a surface mining
operation shall be required to obtain financial assurances that meet
the requirements of Section 2773.1. 
   (f) This section shall not become operative until the date the
State Mining and Geology Board notifies the Secretary of State in
writing that the board has approved an ordinance adopted by the Board
of Supervisors for the County of Yolo that governs in-channel
noncommercial extraction activities carried out pursuant to the Cache
Creek Resources Management Plan.  
   (g) 
    (f) This section shall remain in effect only until
December 31,  2012   2026  , and as of that
date is repealed, unless a later enacted statute that is enacted
before December 31,  2012   2026  , deletes
or extends that date.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.